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Computer Crimes
Computer crime is no longer exclusively the realm of the adolescent computer "hacker" who bypasses passwords to enter corporate computers searching for data files and games, as depicted in such movies as War games and Sneakers. More and more, computers are being used in all types of crimes, to include traditional crimes of violence and theft. The investigator of the future must be aware that critical evidence, which can help him prove or disprove the crime, may be locked away in a computer and/or external storage media and often requires more analysis than part-time, in-house "computer experts" can provide. The successful investigator will recognize that computer evidence is forensic evidence that must be professionally analyzed. (Beare,[link widoczny dla zalogowanych], p. 25-41)
Background
Computers, especially desktop and easily portable laptop-style personal computers are rapidly proliferating throughout society. It is estimated that by the year 2000, 80% of all Americans will use personal computers at home. Virtually all businesses use computers in some way,[link widoczny dla zalogowanych], if for nothing else than to record sales transactions or as a word processor for their correspondence. Yet many law enforcement and investigative agencies do not have dedicated computer crime units. Of those that do,[link widoczny dla zalogowanych], few have the in-house resources either to completely understand and analyze the sometimes complex issues that arise or to fully exploit the information that the computer storage media might contain. The criminal element, on the other hand, is full of individuals who exploit the strengths and weaknesses of computers and find them to be vulnerable targets or, paradoxically, powerful tools. (Charney Alexander, p. 931-957)
Many articles have been written about computer security and computer crime involving computer security, but few address the potential for the application of computer technology in traditional crimes and the value and availability of evidence that can be obtained from a victim's or suspect's computer. For the legal professional, law enforcement investigator, or corporate security professional, a thorough knowledge of the potential for computers to be used in criminal activity of all types is critical to combat the many forms of computer crime.
Potential Criminal Applications of a Computer
Computers can be used as the target, tool, or instrument of a crime. Increasingly, valuable information is kept on a company's computers, and is often the target of theft, destruction, or alteration by disgruntled employees, industrial spies, or external hackers. Contrary to popular belief, the outside "hacker" who breaks into a corporation's computer system via phone lines and modem connections is rarely as successful as the "trusted insider" who already has access to the system and exploits it for his or her own purposes. Employees being hired away from one company are sometimes asked to bring copies of computer disks with them to the competing company that contain sensitive or valuable data files pertaining to clients, financial records, or research data. Corporate and industrial espionage via computer is increasing. The modern spy no longer needs to use sophisticated miniature cameras or microfilm: Hundreds of pages of computer-stored documents can be carried on a commonly available pocket size floppy disk. history. (United States v. Peri, p. 23-45) Disgruntled or careless employees can bring computer viruses into the company's computer system and wreak havoc if effective safeguards are not employed. Corporations are learning that information has value, and can easily be compromised, stolen,[link widoczny dla zalogowanych], or destroyed.
The computer can be a powerful tool used to commit crimes as well, as evidenced by the debit card "cloning" mentioned earlier in this article. In addition,[link widoczny dla zalogowanych], high-resolution scanners are allowing persons to copy legitimate documents, alter the data, and thereby forge new documents with the fraudulent data. In 1994, an individual in Dallas, TX was found to create authentic-looking temporary Texas driver's licenses using his scanner and a laser printer. Insurance cards,[link widoczny dla zalogowanych], money orders, checks, and other documents can be duplicated using easily obtainable graphic editing and publishing programs. Computerstored financial information can be manipulated to cover up embezzlement and thefts. In early 1993, officials at Reese Air Force Base in Texas, discovered that a lowlevel computer operator had altered computerized auditing reports and account records to steal $2.1 million. He was caught only after flaunting his wealth by buying numerous high-priced sports cars. (Green, p. 21-32)
Computers are also increasingly used as the instrument of the crime by recording and storing information pertaining to the criminal act itself. Just as legitimate individuals and businesses use computers to handle their data, records, and correspondence, nonlegitimate businesses and individuals will also. Illegal bookmaking operations find a computer invaluable for recording bets, computing the "line" of bets, and figuring the payoffs, all while calculating the percentage kept for the "house," regardless of how the bets are paid. (Giacopassi Stitt, p. 117-131) As early as 1984, law enforcement officials in southern Texas raided an illegal bookmaking operation, expecting to find a typical backroom operation with several operators manning the usual multiple phones, bet boards, and rice-paper betting slips. Instead, they were surprised to find just a six-button phone and a middleaged, pot-bellied man and his wife, who were entering the bets on a small Apple computer.
Prostitution rings, boiler-room telemarketing fraud operations,[link widoczny dla zalogowanych], and other illegal activities find computers essential for recording and tracking their data. Individuals accustomed to using a computer to type documents and enter and record data also use their computers for their illegal activity. Child molesters have been known to write up their activities in electronic journals, and suicide notes have been found on the deceased's personal computer as early as 1984. Computer-literate criminals utilize the latest technology to further their illegal enterprises just as much as the honest businessperson, and documents are no longer exclusively written on paper.
In each of the cases and examples mentioned, professional analysis of the computer system and/or storage media was instrumental to solving the case or prosecuting the individuals. This is because at some point in time,[link widoczny dla zalogowanych], the evidence of the criminal activity ended up on something tangible somewhere. Files, programs, or documents may not be easily readable, or they may be hidden or even deleted. Often,[link widoczny dla zalogowanych], hidden audit trails exist that can indicate what files or programs were used or accessed, and date/time stamps on files, if verified, can be valuable indicators of the usage of the computer system, which can tie suspects to the illegal activity. Special tools or techniques may be required to resurrect these files or analyze the systems. In each case, this must be done professionally,[link widoczny dla zalogowanych], by knowledgeable analysts who have the academic and experiential credentials to be credible witnesses when the issue of data recovery comes to court.
Many commonly available utility programs can write to the hard disk or otherwise change data during the process of analysis, and should not be used for extensive analysis of seized evidence. Rules of evidence, as established by the courts and legal doctrine,[link widoczny dla zalogowanych], must be followed. Especially,[link widoczny dla zalogowanych], defense or opposing lawyers must have the ability to have this evidence analyzed as well. This means that however analysis of computer evidence is performed by the police agency or prosecutor, the results must not alter or destroy the original evidence, and such results must be duplicable in court. (Erbschloe, p. 9-23)
Examples Of Computer-Related Crime
In sex offenses, computers can be used as both a tool and an instrument. Pedophiles and child molesters utilize computer technology to record and store their collections of child pornography and child-related documents. Computer programs can be used to hide or encrypt the pictures of files so that only the pedophile can have normal, easy access to them.
Sophisticated image-manipulating software programs allow for editing and enhancement of these photos. Separate pictures of children can be merged with traditional adult pornography. The combined result depicts the children interacting with the adults in the picture in a sexual fashion. In addition, new and different pictures and files can be transferred to and traded with other pedophiles using modem connections and bulletin board systems (BBSs), often with complete freedom from detection for the pornographer. Pedophiles have also been known to make contacts with potential victims through publicly accessible BBS messages, sometimes employing masquerades and phony identities to help facilitate contact with their victims. One child molester used his computer, loaded with children's games and programs,[link widoczny dla zalogowanych], as a "bag of candy" to entice young girls to sit in his lap and play on the computer while he fondled them. Analysis of these systems can often prove or disprove such allegations and can lead the investigator to other suspects and places to search. (Allen, p. 52-62)
Criminals often find clever ways to use computers to help them in their illegal endeavors, but this does not mean they are "whiz kids" or geniuses, as some have been called. In 1987 a group of burglars used a computer, a modem, and a program called a "War Games Auto-Dialer" (named after the movie showing use of the program) to record the results of random calls to houses in a given area at several times during the day. After a while,[link widoczny dla zalogowanych], the group had recorded blocks of time at several homes where the phone was not answered -- indications that no one was home during those times. They then burglarized those homes, confident that they would be vacant. When caught by police for pawning one stolen item, professional analysis of the computer system and disks revealed the full extent of their activity, effectively linking them to every burglary.
Legal issues, long since established, require new interpretations when computers are involved. Around Christmas 1988,[link widoczny dla zalogowanych], a woman's 13-month-old daughter was admitted to the Emergency Room at Zweibrucken Air Base, Germany, for injuries resulting in severe brain damage. Initial investigation indicated classic child abuse and that the woman's husband was a prime suspect. The next day the woman brought to investigators a computer-generated printout of a diary in which she indicated that the child's injuries were caused by hospital personnel, babysitters, and others. Diaries are admissible in court as exceptions to the hearsay rule: They can be accepted as a recording of events if the diary entry was made at the time the events occurred. Detailed forensic analysis of the computer disk containing the diary, including analysis of the date/time tagging of the files, proved she had manufactured the entire diary the night before in an attempt to divert suspicion from her husband. Hundreds of hours of investigative manpower were saved by proving her diary was an electronic forgery. (Air Force Office of Special Investigations, p. 12-1 Cool

What Can Investigators Do?
Regardless of how much technology changes the nature of the crime, the basic rules of investigation remain. The difference brought about by modern computer technology is that the evidence may now take new forms and may not always be instantly recognizable or readable. The modern investigator must be able to recognize those computers and their associated storage media may be integral to any category of crime, not just white-collar fraud or high-tech computer hacking.
Second, when gathering evidence in an investigation, investigators need to incorporate wording in subpoenas, search warrants, and affidavits to include computer technology. (Sauls, p. 24-32)
Next, computer evidence is both delicate and sturdy and vulnerable to unseen dangers. All investigators should be aware of the many methods and ways computer evidence can be accidentally or deliberately erased or deleted. Before executing a search or gathering computer evidence at a crime scene, investigators should try to establish enough background intelligence on the suspect(s) to determine whether they are computer knowledgeable enough to booby-trap their systems or otherwise thwart a search of their computer.
Finally, after computer evidence is seized, it must be analyzed properly to extract all possible information. Homicide detectives do not perform their own blood typing or DNA analysis on biological evidence collected at crime scenes; narcotics investigators do not run extensive analytical tests on unknown substances to determine whether or not what they seized during a raid was a controlled substance. In both cases, investigators send properly collected evidence to a reputable lab for professional analysis by trained technicians who can testify to their results as experts in the courtroom. The same should hold true for computer evidence. (Conly, p. He was appointed as a Judge in 1983 and a Chief Judge in 1994. Until 1984 he was an Assistant Commissioner of Police in Oslo. He has published widely on Computer Crime legislation and Judicial Decisions Support Systems.
Judge Schjolberg is an international expert on cybercrime and one of the founders of the harmonization of national criminal law on computer crime. He organized the first global survey on computer crime legislation in cooperation with Interpol in 1981 and has published widely on computer crime and cybercrime law.相关的主题文章：

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